CODING: Words stricken are deletions; words underlined are additions.





                                                   HOUSE AMENDMENT

                                                   Bill No. SB 710

    Amendment No.     (for drafter's use only)

                            CHAMBER ACTION
              Senate                               House
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 5                                           ORIGINAL STAMP BELOW

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10                                                                

11  Representative(s) Flanagan offered the following:

12

13         Amendment (with title amendment) 

14  Remove from the bill:  Everything after the enacting clause

15

16  and insert in lieu thereof:

17         Section 1.  Section 100.065, Florida Statutes, is

18  created to read:

19         100.065  Other candidates on primary and general

20  election ballots.--

21         (1)  Any other provision of law to the contrary

22  notwithstanding, if all candidates for an office are seeking

23  the nomination of the same political party and there will

24  otherwise be no opposition in the general election, all

25  registered electors, regardless of party affiliation, may vote

26  for that office in the first primary election and, if

27  necessary, in the general election. For the purposes of this

28  section, a write-in candidate is considered opposition.

29         (2)  When two or more candidates have qualified for an

30  office and there is only one political party represented and

31  there will otherwise be no opposition for that office in the

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                                                   HOUSE AMENDMENT

                                                   Bill No. SB 710

    Amendment No.     (for drafter's use only)





 1  general election, the names of such candidates shall be placed

 2  on the first primary election ballot of each political party

 3  holding a primary election and on a ballot for voters

 4  registered with no party affiliation or registered in a party

 5  that is not holding a primary election. The names of the

 6  candidates for each such office shall be grouped on a separate

 7  portion of the ballot or on a separate ballot. Such offices

 8  shall be placed under the heading of "Universal Primary" in

 9  the order determined by the Department of State. Following

10  each candidate's name shall be the appropriate abbreviation of

11  party name.

12         (3)  If any candidate for such office receives a

13  majority of the votes cast for such office in the first

14  primary election, the name of the candidate who receives such

15  majority shall not appear on any other ballot. Such candidate

16  shall be deemed to have voted for himself or herself at the

17  general election. If no candidate for such office receives a

18  majority of the votes cast for such office in the first

19  primary election, the names of the two candidates receiving

20  the highest number of votes for such office shall be placed on

21  the general election ballot. If more than two candidates for

22  such office receive an equal and highest number of votes, the

23  name of each candidate receiving an equal and highest number

24  of votes shall be placed on the general election ballot. In

25  any contest in which there is a tie for second place and the

26  candidate placing first did not receive a majority of the

27  votes cast for such office, the name of the candidate placing

28  first and the name of each candidate tying for second shall be

29  placed on the general election ballot.

30         Section 2.  Section 101.021, Florida Statutes, is

31  amended to read:

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    File original & 9 copies    04/26/99
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                                                   HOUSE AMENDMENT

                                                   Bill No. SB 710

    Amendment No.     (for drafter's use only)





 1         101.021  Elector to vote the primary ballot of the

 2  political party in which he or she is registered;

 3  exception.--In a primary election a qualified elector is

 4  entitled to vote the official primary election ballot of the

 5  political party designated in the elector's registration, and

 6  no other. Except as provided in s. 100.065, it is unlawful for

 7  any elector to vote in a primary for any candidate running for

 8  nomination from a party other than that in which such elector

 9  is registered.

10         Section 3.  Subsection (2) of section 101.251, Florida

11  Statutes, is amended to read:

12         101.251  Information which supervisor of elections must

13  print on ballots.--

14         (2)  In addition to the names printed on the ballot as

15  provided in subsection (1), the supervisor of elections of

16  each county shall have printed on the general election ballot

17  to be used in the county the names of the candidates who are

18  entitled pursuant to s. 100.065 to have their names printed on

19  the ballot, the names of the judicial officers, as defined in

20  chapter 105, who are entitled to have their names printed on

21  the ballot, and minor party and independent candidates who

22  have obtained a position on the general election ballot in

23  compliance with the requirements of this code.

24         Section 4.  Subsection (5) of section 101.5606, Florida

25  Statutes, is amended to read:

26         101.5606  Requirements for approval of systems.--No

27  electronic or electromechanical voting system shall be

28  approved by the Department of State unless it is so

29  constructed that:

30         (5)  It permits each voter at a primary election to

31  vote only for the candidates seeking nomination by the

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                                                   HOUSE AMENDMENT

                                                   Bill No. SB 710

    Amendment No.     (for drafter's use only)





 1  political party in which such voter is registered, except as

 2  provided in s. 100.065; for any candidate for nonpartisan

 3  office;, and for any question upon which the voter is entitled

 4  to vote.

 5         Section 5.  This act shall take effect upon becoming a

 6  law.

 7

 8

 9  ================ T I T L E   A M E N D M E N T ===============

10  And the title is amended as follows:

11         On page 1, lines 2 through 6

12  remove from the title of the bill:  all of said lines

13

14  and insert in lieu thereof:

15         An act relating to elections; creating s.

16         100.065, F.S.; allowing all voters to vote in

17         certain primary election contests; providing

18         for runoffs at the general election; specifying

19         procedures for placing the candidates' names on

20         the ballots required; amending ss. 101.021,

21         101.251, and 101.5606, F.S., to conform;

22         providing an effective date.

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    File original & 9 copies    04/26/99
    her0001                     10:55 am         00710-0068-751019